Skip truck driver fined for careless driving
Photo: Michael O'Rourke
A SKIP truck driver who was accused of holding a mobile phone while driving has been given the benefit of the doubt, but was convicted and fined for driving without reasonable consideration for other road users.
Gerard Michael Berry, of Ballydaniel, Camolin, Enniscorthy, Co Wexford, appeared before Judge Geraldine Carthy at Carlow District Court charged with two road traffic offences arising from an incident on 15 April of this year.
The court heard evidence from Garda Paul Keane, who said he and Sergeant Aoife Lacey were operating a checkpoint on O’Brien Road, Carlow town, at midday when they observed a skip truck pass by at 12.09pm. “The driver was holding a mobile phone in his left hand, in front of his face,” Garda Keane told the court.
When they activated the blue light and pursued the vehicle, the truck continued on towards the Deerpark area. At a roundabout, the truck failed to yield to a vehicle on the right before turning left, forcing another motorist coming from the Dublin Road to brake.
The gardaí then activated the siren. “At this point, the truck realised we were behind him and without warning swung left across two lanes and stopped,” said Garda Keane.
When approached, the 32-year-old allegedly confronted the garda as to why he was being stopped and denied holding a phone. When questioned about his driving at the roundabout, he acknowledged this wasn’t acceptable but continued to deny the mobile phone allegation.
A fixed-penalty notice was issued for using a mobile phone while driving, but was not paid.
Sergeant Lacey gave similar evidence and noted that she “heard (Mr Berry) raise his voice to Garda Keane when he was approached”.
When asked by defence solicitor Joe Farrell if the patrol car was equipped with a camera, Sergeant Lacey said one of the two traffic corps vehicles had a camera, but she couldn’t be sure which one they were driving that day. In any case, she said they had both observed the incident and the camera would not have captured Mr Berry holding a phone due to the height of the truck cab.
Mr Berry told the court that the screen time feature on his phone would prove he wasn’t using it at the time and that he had offered to let the garda look at this.
“I didn’t ask (Garda Keane) why he stopped me; he told me why. I offered the phone and said to have a look, that I wasn’t on it. He said if I didn’t admit to holding the phone, he was going to do me for coming off the roundabout,” Mr Berry claimed.
The defendant said when he told Garda Keane he had only recently started working for the skip hire company, the garda “said that was a bad choice, where I’ve gone to work”.
Before finishing his evidence, Mr Berry claimed Garda Keane had remarked to him: “Who’s going to be believed by the judge? Me, this garda or you?”
Inspector Conor Nolan pointed out to the defendant that the offence of holding a phone while driving did not require him to be speaking or actively using it.
Judge Carthy said that concerning the section 51(a) offence of driving without reasonable consideration, in light of the evidence given by both Garda Keane and Sergeant Lacey, she would convict and fine Mr Berry €400 with 90 days to pay.
However, in relation to the offence of holding a phone while driving, she said she would give him the benefit of the doubt and would strike out that charge.
